Critical thinking Essay

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Critical Thinking Paper (Essay) Draft your response (min. 1000 words; MLA citations, minimum of five credible sources - textbook = one resource)

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Writing Prompt The American Legal System A delegation from France, a civil law country, is touring your company. Your visitors are interested in learning more about the American legal system and the formation of the common law. In a cohesively written, multi-paragraph essay, explain how the role of courts differs in countries with a common law versus a civil law tradition. Make sure you explain how US courts make law, what we mean by precedent, and why the doctrine of stare decisis has been so fundamental to the development of the U.S. legal tradition. Develop a response that includes examples and evidence to support your ideas, and which clearly communicates the required message to your audience. Organize your response in a clear and logical manner as appropriate for the genre of writing. Use well-structured sentences, audienceappropriate language, and correct conventions of standard American English. Requirements: Write Experience: Critical Thinking Paper ● ● ● ● ● ● ● COMPLETE: The American Legal System (GRADED)-Due 3/17 Directions: Upon completing Module 1 and while working on Module 2, begin working on completing this essay. 1. Draft your response (min. 1000 words; MLA citations, minimum of five credible sources - textbook = one resource) 2. Take draft to the Writing Center - request that a notice be sent to me by Writing Center staff to confirm you requested and received service. 3.You must utilize the Writing Center at least twice before submitting this paper to me for grade. Textbook: Business Law Today, Standard: Text & Summarized Cases, LL Version, 11th Roger Leroy Miller ● PUBLISHER Cengage Chapter 1 and 2 ...
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School: Boston College


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Critical Thinking Paper: The American Legal System
England’s common law was the original basis upon which the American justice system
was developed. Common law was essentially what the courts declared as legal rights and duties
where statutes were absent (Miller ). Other courts would then apply those rulings in resolving
situations that were similar. In the U.S., most of the laws like these have been codified and
enacted into statutes. Other areas such as laws of torts and contracts where statutes have not yet
been enacted, the courts are actively creating, renewing, and interpreting common law
(Sauveplanne 102). The civil law tradition practiced by nations such as France is significantly
different from common law. The courts make rulings based on statutory provisions. They are not
bound by previous court decisions and the present decisions are only binding for the case at hand
(Miller). The role of the courts in both systems varies as regards handling of trials, role of judges,
consideration of cases, and making of laws.
The role of the courts in handling trials under common law system varies from that of
civil law. Under common law, the court is a platform where two or more parties represented by
lawyers engage in an adversarial battle (Miller ). In most cases, this is done in one continuous
session that is relatively short. On the other hand, the role of the court in civil law tradition is to
allow for collaborative investigation of the facts of the cas...

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